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HomeMy WebLinkAboutT-5935 - Agreement/Covenant - 8/25/2008 (4) WHEN RECORDED MAIL TO: 08/25/2008,20080120679 City Clerk City of Fresno 2600 Fresno Street Fresno, CA 93721-3603 NO FEE -Government Code 6103 CITY OF FRESNO Public Utilities Department = _ LL Solid Waste Management Division z 0 U w d W _j LL STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT PROVIDING SPECIAL SOLID WASTE DISPOSAL SERVICES FOR CERTAIN LOTS WITHIN TRACT NO. 5935, PHASE 2 OF VESTING TENTATIVE MAP NO. 5901/UGM Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Tract No. 5935 Page 2 RECITALS WHEREAS, BN 5312 L.P., a California Limited Partnership, hereinafter referred to as the"Covenantor,"is the owner of the real property situated in the City of Fresno, County of Fresno, _ State of California, hereinafter referred to as the"Subject Property"and more particularly described as follows and by this reference made a part of this Statement of Covenants: Lots 1, 7, 48, 49, 61 and Outlot C of Tract No. 5935 according to the map thereof recorded in Volume J9P of Plats at Pages Sa 4 $3 Document No..�00V - D/,20(?y , Fresno County Records; and WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument and that all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and WHEREAS, Vesting Tentative Map No. 5901/UGM was approved with conditions by the Fresno City Planning Commission on November 14, 2007; and WHEREAS, the conditions of approval of said Tentative Map require the City of Fresno to provide solid waste disposal services; and WHEREAS, the design of the Final Map of Tract No. 5935, Phase 2 of Vesting Tentative Map No. 5901/UGM, filed pursuant to said Tentative Map, affects the accessibility to the Subject Property and prevents normal curbside solid waste disposal services to be provided by the City of Fresno; and WHEREAS, the Covenantor requests the City of Fresno to provide special solid waste disposal services to the Subject Property. COVENANTS, CONDITIONS, AND RESTRICTIONS For favorable action on, and approval of the Covenantor's request that the City of Fresno provide special solid waste disposal services, the Covenantor hereby covenants that the Subject Property shall be held, conveyed, encumbered, used, occupied, developed, maintained, and Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Tract No. 5935 Page 3 improved subject to the following covenants, conditions and restrictions, which are for the purpose of enhancing attractiveness, usefulness, value and desirability of the Subject Property, the surrounding property, and the public at large and to minimize possible adverse effects on the public health, safety, peace, and general welfare. Each of the covenants, conditions, and restrictions contained in this Statement will run with the Subject Property and shall be binding on each successive owner of the Subject Property and his heirs, administrators, successors, and assigns. 1. Covenantor hereby covenants as follows: (a) Lot 7, of Tract No. 5935. The owners, lessees other tenants of the residential dwellings on service days before 5:30 a.m. for Lot 7 shall place their solid waste containers at the edge of curb on the north side of East Garland Avenue or about the north property line of Lot 1 of Tract No. 5312, at 3474 North Leanna Avenue, Fresno, California, 93727, approximately 5-feet apart and not blocking any vehicle accesses and in accordance with the City of Fresno's Solid Waste Management Division standards. (b) Lot 61, of Tract No. 5935. The owners, lessees other tenants of the residential dwellings on service days before 5:30 a.m. for Lot 61 shall place their solid waste containers at the edge of curb on the north side of East Ramona Way or about the north property line of Lot 1 of Tract No. 5935, at 3372 North Leanna Avenue, Fresno, California, 93727, approximately 5-feet apart and not blocking any vehicle accesses and in accordance with the City of Fresno's Solid Waste Management Division standards. (c) Lots 48 and Outlot C, of Tract No. 5935. The owners, lessees other tenantsof the residential dwellings on service days before 5:30 a.m. for Lot 48 shall place their solid waste containers at the edge of curb on the east side of North Schneider Avenue or about the west property line of and in front of Outlot C approximately 5-feet apart and not blocking any vehicle accesses and in accordance with the City of Fresno's Solid Waste Management Division standards. (d) Lots 49 and Outlot C, of Tract No. 5935. The owners, lessees other tenants of the residential dwellings on service days before 5:30 a.m. for Lot 49 shall place their solid waste containers at the edge of curb on the west side of North Stanley Avenue or about the east property line of and in front of Outlot C approximately 5-feet apart and not blocking any vehicle accesses and in accordance with the City of Fresno's Solid Waste Management Division standards. Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Tract No. 5935 Page 4 (e) The Covenants, Conditions and Restrictions (CC&R) and the Real Estate Disclosure Report shall provide notice to the owners of the Subject Property of such restriction on solid waste services and owners shall provide written notice to each lessee, tenant and subsequent buyer that such restriction exist. 2. The conditions of this Statement are intended to benefit the public and public properties. Accordingly, the City of Fresno shall have the right to enforce this Statement by any legal or equitable means against the Covenantor and such person or persons in actual possession of the Subject Property who directly or who through any agent violate the terms hereof. All obligations of the Covenantor under this Statement shall insure solely to the benefit of the City of Fresno. There are no third party beneficiaries of said obligations nor shall the right of the City of Fresno be transferable in any manner to any person other than to a successor municipal corporation whose geographic boundaries include the Subject Property. 3. The conditions and obligations of this covenant shall remain in full force and effect until such time as the City of Fresno, Director of the Public Utilities Department issues a written release of such conditions and obligations and records such release in writing with the Fresno County Recorder. 4. In the event that litigation is instituted to enforce or interpret any provision of this Statement, the parties agree that the prevailing party shall be paid reasonable attorney's fees, costs and litigation expenses. 5. The provisions of this Statement shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Whenever the context of the statement so requires, in interpreting this Statement, any gender includes the other genders, the singular includes the plural, and the plural includes the singular. Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Service Tract No. 5935 Page 5 DA-FED: L� J CITY OF FRESNO, COVENANTOR a Municipal Corporation BN 5312 L.P. Public Utilities Department A California Limited Partnership Rene Ramirez, Director By: Bonadelle Homes c. A California C poratlon, as General Partner By: A By: Z Ro ert N. Andersen, Assistant Director Jo A. Bonadelle, President APPROVED AS TO FORM: JAMES C. SANCHEZ City Attorney B > Y• _Q, VJohn W. Fox Deputy City Attorney Date: (Attach Notary Acknowledgment) STATE OF CALIFORNIA, COUNTY OF Fresno On August 4, 2008 , before me, Anna M. Renna a Notary Public, personally appeared John A. Bonadelle who proved to me on the basis of satisfactory evidence to be the person() whose name(b is/;subscribed to the within instrument and acknowledged to me that he/sem executed the same in his/herO&eir authorized capacity(ics), and that by his/h+_, it signature(J) on the instrument the person(, or the entity upon behalf of which the person(f) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Notary seal or stamp) WITNESS my hand and official seal. Signature L�f' `�� =NOTARY ENNA 59837 c CALIFORNIAUNTYAug.30,2011 CLERK'S CERTIFICATION State of California ) County of Fresno ) On August 20, 2008, before me, Jennifer Morelos-Jensen, Deputy City Clerk, City of Fresno, personally appeared, Robert N. Andersen, Assistant Director, who proved to me on the basis of satisfactory evidence, to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. REBECCA E. KLISCH, CMC City Clerk, City of Fresno By Deputy y� O * k p 7F 4 A 4 n % 'pArrp�yi- SUBORDINATION The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on Apri 1 23 , 200a_-, in the office of the Fresno County Recorder, as Document No. 2008-0059354 of which the Deed of Trust in, by and between: BN 5312 LP, a California limited partnership , as Trustor Chicago Title Cmmpanv , as Trustee and California Bank & Trust, a California hank;nq corporation as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Services for Certain Lots Within Final Map of Tract No. 5935, Phase 2 of Vesting Tentative Map No. 5901/UGM. DATED: BENEFICIARY By: S L) By: C/' 77- (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT T�-Yr`�$fl><:C`— .�Qrxer�,7:.,<• �r,�%,ry�o.=�cr.,c�. .^.Y"^:r>^Y`.GSC�.��-:1.;.�.�r�-..n� . �ti�rr.., �ar�r,n�.e�a���ab�e State of California County of On before me, atei. -,,� mere Insert Name and itle of the Officer personally appeared Name(s)bf Signer s who proved to me on the basis of satisfactory evidence to be the persons}whose namefe}is4ap&subscribed to the within instrument and acknowledged to me that he/sAeMierexecuted the same in his/4eMf7eir authorized capacityWs}, and that by his/# @4heif signature(s) on the B.HULL instrument the person(sj, or the entity upon behalf of sion# 1539290 which the persons}acted, executed the instrument. ja�;�PATSYF Notary Public-Caitfomia Fresno County Mmycomm.FxpiresJan 26,2 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES m4an al seal. Signature Place Notary Seal Above S nature o otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document l Title or Type of Document: Sl. ,�( l''d I Document Date: �'"�'—yp Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual El Individual E. Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ _ ❑ Partner—i I Limited ❑General _ C Attorney in Fact ❑Attorney in Fact • El Trustee Top of thumb here E!Trustee Top of thumb here ❑ Guardian or Conservator ©Guardian or Conservator LI Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotary.org Item 45907 Reorder:Call Toll-Free 1-800-876-6827 SUBORDINATION The undersigned as holder of the beneficial interest.in and under that certain Deed of Trust recorded on July 25 20 08 , in the office of the Fresno County Recorder, as Document No. 2008-0106578 of which the Deed of Trust in, by and between: BN 5312 LP,- a- California limited partnership as Trustor-- Chicago rustor-Chicago Title Company as Trustee and California Bank & Trust, a California banking corporation , as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Statement of Covenants Affecting Land Development Providing Special Solid Waste Disposal Services for Certain Lots Within Final Map of Tract No. 5935, Phase 2 of Vesting Tentative Map No. 5901/UGM. DATED: �- a BENEFICIARY By: (Beneficiary to print/type Name and Title; and attach Notary Acknowledgment) a, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, IYU+ I ate 1 erN lbe afidritle of the er Cff,C -r t. personally appeared �F_ Names)❑ 7;g?Tv,$) who proved to me on the basis of satisfactory evidence to be the personX whose nameKis/axe-subscribed to the within instrument and acknowledged to me that he/sh�xecuted the same in his/WrA4e4f authorized 9;K prion 741 capacity,(.,, and that by his/her/their signatu.ree on the i=Y KUPEI761 instrument the person(sr or the entity upon behalf of �� which the person,sT acted, executed the instrument. *Coif n.611101111101111fto712011 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ► <;�Signature Place Notary Seal Above Sig awr of Notary uDGc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: _ Number of ges: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Individual .l Individual Ei Corporate Officer—Title(s): Corporate Officer—Title(s): !rI Partner— _. Limited C General ,, _ Partner— Limited I] General MieW Attorney In Fact U Attorney in Fact y' "op o;thumb hero Too of Ihurrb pare _. Trustee Trustee tJ Guardian or Conservator Guardian or Conservator 1-1 Other: Other: Signer Is Repre ting. Signer Is Representing: National Notary Assoaaon-9350 Oe Soio.An-P0.Box 2402•ChaL9aorth.CA 91313.2402-~.NalionaINGtary.org nem-5907 Reorder Call Toll-Free 1.90M1976-6827